Trademark lawyers assist the trademark owner in all stages of the trademark process. Trademark lawyers often help in the following:
Clearing a proposed mark
When a new score comes up for registration, it will need to be checked to determine if the mark qualifies for protection and does not violate the target of another. A trademark lawyer can give their opinion on if the trademark would be suitable for protection. When it comes to ensuring that the mark does not violate any other trademarks, it will need to go through a trademark search. A skilled lawyer has processes in place to search central databases and other records that are available to make sure the mark is viable.
Preparing the application
A trademark lawyer will assist in assembling the trademark application process by gathering all the details from the mark owner and collecting all the supporting documentation. The lawyer will file for a trademark application then.
Prosecuting the mark
Prosecuting the mark refers to when a trademark lawyer handles the review of such applications by the USPTO. During the process, the trademark examiner can issue office actions or request for further information. The lawyer will handle all of the responses to the demands. If your mark application gets denied your trademark lawyer will work to appeal the decision.
Monitoring the mark
Once the application gets granted, the trademark holder will need to be diligent in monitoring the use of the trademark. Your lawyer will assist with monitoring often for unauthorised purposes. If further action is required, the attorney can assist with injunctive relief and any potential problems. The lawyer will also help with negotiating the authorised uses of the trademark through separate licensing agreements.
If you are looking for a trademark lawyer to help you with the process of registering your trademark, then ensure you get in contact with a professional with plenty of experience.
How much does a trademark lawyer cost?
Trademark lawyers can cost between $1,000 to $2,000 for a general trademark, but if there are disputes, it can cost up to $400 an hour. Each trademark lawyer will have their own pricing so ensure you make yourself familiar with this before hiring a lawyer.
You will encounter costs for:
- Government costs charged by the USPTO
- Flat fee lawyer fees
- Maintenance costs
- Trademark attorney fees
- Filing fees for a trademark application
Are trademark lawyers important?
Trademark lawyers already know the process that comes with getting your trademark approved. There are over 50 per cent of trademark filings rejected each year due to not having the proper filing or applications are not completed correctly.
It takes between 1 to 3 years for the trademark application to be completed and receive your registration. These professionals are highly skilled and have completed a lengthly education process at university to become trademark lawyers. For this reason, these lawyers are highly sought after by companies due to their skill and expertise surrounding the law, specifically trademark law. They have done extensive research into the field and also have practical experience in this area of law.
If there is more work that needs to be completed that falls outside of the general trademark filing process, you will need to pay more money per hour for the continued help. It can get expensive, but trademark lawyers offer such an invaluable service. Trademark searches go beyond a basic search to ensure it does not violate any other trademark. You will receive a comprehensive search which will include federal, state and common law trademarks using special software.